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Adjudication of specifically raised penalty grounds is mandatory, requiring fresh appellate consideration after a reasonable hearing opportunity.
A specifically raised legal challenge to a penalty for alleged contravention of the cash-loan acceptance restriction cannot be treated as a general ground and left undecided by the first appellate authority. Where reassessment proceedings on the same information were dropped after the amount was treated as a loan for penalty purposes, the legal ground requires adjudication on its merits. The assessee must be given a reasonable opportunity to present supporting material on that ground and all other grounds. Fresh adjudication by the first appellate authority is required.
Registration applications require consideration of timely uploaded submissions, requiring fresh examination after threshold rejection for non-compliance.
Registration applications under sections 12AB and 80G(5) were rejected for non-compliance without considering submissions uploaded before the e-filing window closed. Although the response to a later notice was delayed, the material was available on record when the rejection order was made. The applications required fresh examination on merits after considering the uploaded submissions and any further material required. The rejection under section 12AB and the consequential rejection under section 80G(5) were set aside for a fresh decision after reasonable opportunity to the assessee.
Co-operative bank deposit interest may qualify for Section 80P(2)(d) deduction available to qualifying housing societies.
Interest income earned by a co-operative housing society on deposits with co-operative banks is treated as eligible for deduction under Section 80P(2)(d), which applies to interest or dividend income derived by a co-operative society from investments with another co-operative society. Co-operative banks in Maharashtra are recognised as co-operative societies for this purpose. Accordingly, where a co-operative housing society earns interest from deposits placed with such banks, that income qualifies for the Section 80P(2)(d) deduction.
Interest expenditure used for business is deductible, while unexplained-investment additions require verification of subsequent land-payment developments.
Interest expenditure incurred from borrowed funds used for business purposes is deductible under profits and gains of business or profession where the claim is undisputed and unsupported by contrary material. A legitimate deduction claim may be considered at the appellate stage even if it was not made through a revised return. An unexplained-investment addition relating to agricultural land requires verification where civil disputes, instalment payments and subsequent payments may affect the assessee's explanation; the claim should be reconsidered after allowing further evidence.
Unsecured loan verification under Section 68 shifts the burden after prima facie proof; denied cross-examination invalidated the addition.
Unsecured loan credits under Section 68 require the assessee to establish the creditor's identity, creditworthiness and the genuineness of the transaction on a prima facie basis, after which the burden shifts to the Revenue to disprove it. Loan approval and agreement records, RTGS receipt and repayment entries supported the transaction. Reliance on a lender representative's statement without allowing cross-examination, particularly where it was recorded at the assessee's premises, could not sustain an adverse inference. The loan credit was therefore not treated as unexplained and the addition was deleted.
TDS-payment-year deduction requires verification, while loss and depreciation set-off claims require fresh adjudication on the assessment record.
Expenditure previously disallowed for non-payment of tax deducted at source becomes deductible in the previous year of payment under the proviso to Section 40(a)(ia), subject to verification of tax payment and supporting expense records. A disparity between the expenditure amount and tax paid does not alone justify rejecting the claim. The deduction requires fresh verification and adjudication. Set-off of brought-forward losses and unabsorbed depreciation, where not adjudicated in first appeal and denied in tax computation, requires de novo determination after a reasonable opportunity of hearing.
Genuine listed-share transactions supported by exchange, demat and banking records cannot be treated as unexplained cash credits.
Documented listed-share transactions executed through the stock exchange, supported by contract notes, demat-account entries and banking-channel payments, established their genuineness. Holding the shares for more than one year, coupled with the absence of cogent material rebutting the evidence or linking the assessee to alleged accommodation-entry operators, discharged the assessee's burden of proof. Sale proceeds therefore could not be treated as unexplained cash credit, and the related estimated commission addition as unexplained expenditure could not be sustained.
Final assessment orders issued after the Section 144C(13) deadline are barred by limitation following DRP directions.
Section 144C(13) of the Income-tax Act requires the Assessing Officer to pass the final assessment order within one month from the end of the month in which Dispute Resolution Panel directions are received. Where the directions were received by email on 28 September 2024, the statutory period expired on 31 October 2024. A final assessment order dated 3 December 2024 was therefore time-barred, resulting in the limitation issue being decided in favour of the assessee.
External development charges are contractual payments requiring tax deduction at source, with payer-default consequences for non-deduction.
External development charges paid by a developer to the Haryana Urban Development Authority constitute contractual payments subject to tax deduction at source under Section 194C. Applying the jurisdictional High Court ruling favouring the Department, failure to deduct tax on those charges results in the payer being treated as an assessee in default under Sections 201(1) and 201(1A), with consequential liability for the applicable default provisions.
Corp. Laws / SEBI / IBC
Dated:- 2-9-2026
PTI
Personal insolvency proceedings raised a challenge to the National Company Law Tribunal's authority to constitute a five-member bench after a split verdict. The challenge contended that the mechanism for differing views permits reference to another member or members, but does not authorise a five-member bench. The larger bench stayed the third member's order, restricted asset alienation, and suspended an order permitting settlement of personal-guarantee claims. The dispute concerned the validity of that bench, the split-verdict reference procedure, repayment-plan eligibility, and pending creditor appeals.
Notification No. CHHATTISGARH ACT (No. 2 of 2022) Dated:- 31-1-2022 Chhattisgarh SGST
Activities or transactions for consideration between a person other than an individual and its members or constituents are retrospectively treated as supplies between separate persons. Input tax credit requires supplier-furnished outward-supply invoice or debit-note details to be communicated to the recipient. Annual returns may include self-certified reconciliation statements, while interest on delayed returns generally applies only to tax paid through the electronic cash ledger. Detention and seizure provisions are recast around penalty payment, notice and order timelines, disposal of goods on non-payment, and a pre-deposit requirement for appeals.
Circular No. TSAAR Order No. 1/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGS...
Clarification advance-ruling application was treated as infructuous and withdrawn after the applicant and its authorised representative failed to attend repeated personal-hearing notices. The non-attendance was construed as lack of interest in pursuing the requested clarification. The application was consequently dismissed as withdrawn, without any clarification being issued.
Circular No. TSAAR Order No.5/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGST
Repeated notices for personal hearing were issued in GST advance-ruling proceedings on a clarification application. Neither the applicant nor an authorised representative attended the hearings. Continued non-appearance was treated as lack of interest in pursuing the clarification request, and the application was regarded as infructuous and dismissed as withdrawn.
Notification No. CHHATTISGARH ACT (No. 17 of 2020) Dated:- 30-9-2020 Chhattisgarh SGST
Goods and services tax amendments extend composition restrictions to supplies of goods or services, revise registration cancellation and revocation procedures, and permit specified invoicing alternatives for services. Penalty and offence provisions cover persons who cause specified wrongful transactions and retain their benefits, including fraudulent input tax credit availment without invoices. Transitional credit claims are made subject to prescribed time limits and procedures retrospectively. The Government may extend compliance deadlines affected by force majeure, with permissible retrospective effect, while the period for resolving implementation difficulties is enlarged.
Court-recorded undertakings bind parties, while genuine unconditional apologies and remedial action may purge civil contempt.
Court-recorded assurances given through counsel on a party's instructions bind that party as undertakings. Wilful breach may constitute civil contempt under Article 129 and the Contempt of Courts Act, particularly where public advertisements or statements conflict with the assurance and promote prohibited claims of cures or permanent solutions for specified diseases. An apology coupled with justification does not demonstrate contrition. However, a later unconditional apology may purge the breach where supported by effective remedial action, including withdrawal of advertisements, public apologies, and cessation or recall of products affected by licence suspension. Strict future compliance with undertakings and applicable advertising law remains required.
Circular No. TSAAR Order No.2/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGST
Advance ruling application was treated as withdrawn because neither the applicant nor its authorised representative attended repeated personal-hearing notices. The request for clarification was regarded as infructuous and dismissed as withdrawn without any substantive determination.
Circular No. TSAAR Order No. 4/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGS...
An advance-ruling application for clarification was listed for repeated personal hearings after examination of issue pendency and comments from the jurisdictional tax officer. Neither the applicant nor an authorised representative attended. The continued non-attendance was treated as lack of interest in pursuing the clarification, rendering the application infructuous and resulting in its disposal and dismissal as withdrawn.
Circular No. TSAAR Order No. 3/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGS...
An application seeking clarification through advance ruling was treated as infructuous and dismissed as withdrawn after the applicant and its authorised representative failed to attend repeated personal hearings. Continued non-attendance was construed as lack of interest in pursuing the requested clarification.
Circular No. Bikri-kar/Vividh-28/2018/1107 Dated:- 22-6-2020 Bihar SGST Dated:- 22-6-2020 Bihar SGST
In a demerger, input tax credit is apportioned by the ratio of assets transferred to the assets of the relevant State-level unit, with all business assets included in asset value. The formula applies to aggregate unutilised credit, including central tax, State or Union territory tax, integrated tax and cess, and also extends to partial business transfers with liabilities. The asset ratio is determined on the appointed date of demerger and applied to the electronic credit ledger balance on the date FORM GST ITC-02 is filed.
Circular No. TSAAR Order No. 6/2026 Dated:- 30-3-2026 Telangana SGST Dated:- 30-3-2026 Telangana SGS...
GST exemption for electronically delivered public services depends on the identity of the supplier and the nature of consideration. An authorised service provider is not equated with the State Government merely because it delivers notified services electronically. User charges collected separately from, or in addition to, statutory departmental fees constitute consideration for services supplied by that provider. Government-service exemptions do not extend to these user charges, including charges recovered from citizens, business entities or government entities; they are taxable supplies under GST.